NCJ Number
171294
Journal
Howard Journal of Criminal Justice Volume: 36 Issue: 3 Dated: (August 1997) Pages: 263-283
Date Published
1997
Length
21 pages
Annotation
The proposal by the Conservative government of the United Kingdom to introduce a limited form of cumulative sentencing for burglary, Class A drug offenders, violent offenders, and sex offenders is examined with respect to its rationale, implications for sentencing practice, and future implications, based on the experience of the United States.
Abstract
The Home Secretary proposed three main reforms in October 1995. These reforms included: (1) minimum prison sentences for burglars and certain drug offenders with at least two previous convictions for such offenses; (2) the elimination of automatic early release, together with the use of a small discount in the sentence served for model prisoners; and (3) an automatic life sentence for serious violent and sex offenders convicted a second time, with release permitted only when the offender is no longer considered a risk to the public. Leading members of the judiciary immediately opposed the proposals for many reasons. Arguments for and against the proposals have centered on deterrence, community safety, public confidence in the sentencing process, prison overcrowding, due process, and fairness. Analysis of these issues and the United States experience supports the conclusion that the current proposals for cumulative sentencing will inevitably replicate the more negative aspects of the United States experience with "Three Strikes" legislation and should therefore be withdrawn. Notes and 53 references (Author abstract modified)